Heard learned counsel for the applicant and learned A.G.A. for the State.
The application has been filed by the applicant challenging the impugned order dated 15.01.2021 passed by the Chief Judicial Magistrate in Misc. Application No. 524/2020 (Kismatul Nisha Vs. Islam Khan and others) by which the application of the petitioner under Section 156(3) Cr.P.C. has been rejected. The application is also filed against the judgment and order dated 09.04.2021 passed by the Sessions Judge, Sultanpur in Criminal Revision No. 43/2021, C.N.R. No. 010011252021 (Kismatul Nisha Vs. State of U.P. and others) whereby the revision of the applicant has also been rejected.
The facts are that the applicant is resident of District Amethi, however, presently she is residing in Mumbai. On August 2019 she came to her village and after sometime opposite party no. 2 Islam Khan came to her house and promised to sell his whole portion of land in Gata No. 435/436/437 situated in Village Kankapur, Police Station Jagdishpur, District Amethi for the consideration of Rs. 7,00,000/-. Believing his promise, applicant gave Rs. 5,00,000/- in the account of Islam Khan and Rs. 2,00,000/- in the account of the daughter-in-law of Islam Khan namely Sirajul Nisha.
Learned counsel for the applicant submits that the bank statement showing the transaction and the same is on record as Annexure No. 3 to the application. It is submitted that after receiving the amount of Rs. 7,00,000/-, respondent no. 2 has refused to register the sale deed. It is next submitted that on 16.11.2021 at about 10 AM respondent no. 2 Islam Khan along with two unknown persons have stepped in the house of the applicant and physically beaten the applicant very badly. It is thus contended by learned counsel for the applicant that prima facie the offence has been committed by respondent no. 2 and learned Courts below ought to have directed the police to register the F.I.R. and application under Section 156(3) Cr.P.C. of the applicant deserves to be allowed.
Per contra learned A.G.A. has opposed the prayer submitting that the matter is purely of civil nature. It is clear case of the transaction of the consideration in lieu of purchase of land. So far as the allegation of assault against opposite party no. 2 is concerned, learned A.G.A. submits that although it has been contended that the applicant has been beaten badly but there is no injury report on record to substantiate the averments made in the application under Section 156 (3) Cr.P.C. and therefore, the learned magistrate has rightly rejected the application on the account that the matter is purely of civil nature and appropriate course for the applicant is to file civil suit.
Learned A.G.A. in support has relied on the judgment of this Court passed in "Pawan Kumar Tyagi Vs. State of U.P., reported in 2020 (112) ACC 218".
On due consideration to the arguments advanced by learned counsel for the parties and the reliance placed upon the judgment cited above, I am of the opinion that both the courts below have given the categorical finding that the matter is purely of civil nature and there is no injury report on record, I do not find any illegality in the interim order and the application under section 156(3) Cr.P.C. appears to have been filed by the applicant to circumvent the civil remedy provided under law as there is no injury report on record to substantiate and corroborate the averments made in the application filed under Section 156(3) Cr.P.C. that the applicant has been badly beaten by opposite party no. 2. Thus, I find no illegality in the impugned order.
The application fails and is accordingly dismissed.
Order Date :- 17.8.2021 R.C.